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Anne_C
Anne_C, Tax Attorney
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Experience:  Attorney, JD awarded with Certification in Tax Law
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I received a w2 from Pepsi, but I never got paid. I called

Resolved Question:

I received a w2 from Pepsi, but I never got paid. I called them several times to get a w2c and I also when to the place, but they do not care. What can I do?
Submitted: 4 years ago.
Category: Tax
Expert:  Anne_C replied 4 years ago.

This is what you need to do:

 

If your attempts to have an incorrect Form W-2 (PDF) corrected by your employer are unsuccessful and it is after February 15th, contact the IRS toll-free at(NNN) NNN-NNNN

  • An IRS representative can initiate a Form W-2 (PDF) complaint.
  • A letter will be sent to the employer requesting that they furnish a corrected Form W-2 to you within ten days. The letter advises the employer of their responsibilities to provide a correct Form W-2 (PDF) and of the penalties for failure to do so.
  • You will be sent a letter that provides instructions and Form 4852 (PDF), Substitute for Form W-2, Wage and Tax Statement, or Form 1099-R, Distributions from Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc. The Form 4852 may be used in the event that the employer does not provide you with the corrected Form W-2 in time to file your tax return.

When you call the IRS or visit an IRS Taxpayer Assistance Center (TAC), please have the following information available:

  • Your employer's name and complete address, including zip code, employer identification number (if known - see prior year's Form W-2 (PDF) if you worked for the same employer), and telephone number,
  • Your name, address, including zip code, social security number, and telephone number; and
  • An estimate of the wages you earned, the federal income tax withheld, and the period you worked for that employer. The estimate should be based on year-to-date information from your final pay stub or leave-and-earnings statement, if possible.

If you file your return and attach Form 4852 (PDF) to support the withholding amount claimed instead of a Form W-2 (PDF), your refund can be delayed while the information you gave us is verified.


If you receive a Form W-2 (PDF) after you file your return and it does not agree with the income or withheld tax you reported on your return, file an amended return on Form 1040X (PDF), Amended U.S. Individual Income Tax Return.

Additional Information:

 

This is from the IRS website at http://www.irs.gov/faqs/faq/0,,id=199593,00.html

 

Good luck.

Anne_C, Tax Attorney
Category: Tax
Satisfied Customers: 2302
Experience: Attorney, JD awarded with Certification in Tax Law
Anne_C and 2 other Tax Specialists are ready to help you
Customer: replied 4 years ago.
I did call the IRS, but they said that they can only mailed a letter if the employer did not send a w2. I did received a w2, but I never received any money from Pepsi in 2009. Pepsi just send me the cheque last week after 9 months. The IRS said that this problem is betwwen Pepsi and I. That the only other thing I can do is take legal action. I have been trying to fix this for about six seven weeks, but I am not getting anywhere with this people. I have left Pepsi HR and Payroll several messages, but no one have the courtesy to call back. Than 3 weeks ago I when to Pepsis' office and requested a W2C and they said that they could not do that.

What else can I do?
Expert:  Anne_C replied 4 years ago.

Thank you for your patience; I just came back on line.

 

If Pepsi did not pay you last year, you will want to have a corrected W-2; otherwise, you will be taxed for income you did not receive.

 

To get Pepsi to pay your wages, you need to file a wage claim with the Texas Workforce Commission. Here is a link to the claim form to do that: http://www.twc.state.tx.us/ui/lablaw/ll1.pdf

 

Good luck.

Customer: replied 4 years ago.
Thank you for your responce! Pepsi just send me a cheque last week. I don't really care about the cheque I just want a W2C and so far I have been unable to get it from them. What else can I do? Can I take legal action? And if yes, what is the process?



Thanks!
Expert:  Anne_C replied 4 years ago.

Thanks for the additional information.

 

Whomever you talked to at the IRS did not understand the situation. You need to call them back and tell them you were issued a W-2 for 2009, but that you were not paid in 2009. Therefore, the W-2 is incorrect and needs to be corrected. (The correction will be to $0) Just leave out the part about being paid in 2010; it will confuse them. Ask them to initiate the dispute resolution procedures I described in my first post.

 

Keep in mind that in dealing with the IRS at this time of the year, you are dealing with temporary employees who may not be particularly well educated on some issues. You may need to talk to a supervisor or a more experienced employee to get this moving.

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Anne_C
Anne_C
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Attorney, JD awarded with Certification in Tax Law